Woman threatening our family by having affair with dad
priya
(Querist) 23 May 2011
This query is : Resolved
we were happy family of 4 with my mother & father living happily together until a low lying women had slowly lured him into the fact that she cud help him get rid of problems created by his brother in his business by jadu,tona,tantra mantra etc. slowlyhe was under his influence & started talking like he is his husband & he'll giv divorce n live with her.after lot of talking by seniors relatives & finally filing a complaint in police (which i dont have in electronic form so i have not submitted it online)he got back to his senses.after all this our reputation got very low in the society(he was & still Is a reputed man in the society).when she was summoned to police,elders adviced to settle it within ourselves & tell police that we'll solve it.but she is really wicked she said keep me in a separate house from her mother's house & give her maintenance & visit her two times daily.father said that they got married in gayatri mandir,court & she has all the papers & she threatens to produce them in police & sue him for double marriage.he & us all are really confused & desperate to get this thing over.
its been 9 years since it started... we knew about it just four years before and filed in police...since then she has been threatening him to provide for her,rent a home,go to her two times ...we really wanna end all this...
father told her to take 50000 rs & leave us alone,but she dose not want to leave & threatens him everyday to come to him two times a day n give her money
please help so that my mother's & my family's rights are duly protected against the unjust & unfair acts of theat wicked woman.
this can even affect my future live of my husband n family
what can i do?
can we get a restraining order against her? we just want her out of our lives.please help us.
Guest
(Expert) 24 May 2011
1. SHE MAY CREATED THE RECORDS LIKE, RATION CARD, VOTER IDENTITY CARD AND IN WHICH YOUR FATHER NAME MAY THERE.
2. IF NOT SHE IS TREATED AS CONCUBINE, SHE CANNOT FILE ANY CRIMINAL CASE OF WHATSOEVER NATURE.
3. THE ATTITUDE OF HERSELF DISCLOSES SHE TRYING TO GRAB MONEY PERMANENTLY.
4. IF YOUR DAD IS NOW STILL STEADY AND STRONG ON THIS POINT MAY PROCEED FURTHER.
FURTHER CLARIFICATION CONTACT IN MAIL.
Devajyoti Barman
(Expert) 24 May 2011
See, it all depends upon whether your father has married that lady for the second time and father any child with her.
The problem is though the marriage, if any void, but the child would be entitled to inherit from your father.
Apart from that you or your husband do not suffer from any risk.
The restraining order may further worsen the problem. So, it is better to settle the matter amicably.
For further help you can post your query here for our free help.
priya
(Querist) 24 May 2011
thank u very much to u both. No she ds nt hv child... I wl hv to cnfirm about ration n voter card... The marriage is from gayatri mandir perhaps.
priya
(Querist) 24 May 2011
mr. Barman, after police report she said she will end it but since den she left her mother's house and forced him to renta house maintain her and come to her twice a day fr two hours.
After offering rupees she wanted 4 lakh now and 1500per mnth fr rest of her lyf. We want to rid her permanently nt this mnthly stuf ...cn u tel hw situation cn worse if restraining order is filed? And in case of settlement wil it hav legal binding dat on receipt of money she wont cm near els face consequences.
a.manoharan
(Expert) 24 May 2011
First , assure yourself that your father is with his clean hands. Because , all are in your father's hands. Because, if he continues this illegal relationship, sometimes he may be threatened for 'Raping'. If no child was born for your father, immediately your father may lodge Criminal Complaint on her having other ingrdients of other criminal offences just like Extortion under sections from 383 to 389 of IPC.
M/s. Y-not legal services
(Expert) 24 May 2011
Amicable settlement is only one way. Otherwise your father is liable to punish under penal section for illegal contact with an another lady.. That lady is the deciding factor here about your father's future. So better try to make any settlements. Or By admitting his all mistakes, just your father can lodge a complaint against her.
Guest
(Expert) 24 May 2011
Why the father has to give 50000/- rupees? Is there any relationship? (Check your father is with his clean hands) If he continues this illegal relationship, sometimes he may be threatened for rape. Your father can file criminal offences just like Extortion, defamation etc.
Ø That lady is the deciding factor -Main factor(and now fear facor) your father
She is treated as CONCUBINE; she can’t file any criminal case. But as mentioned if your father have any relationship she can file a complaint such as rape etc.
And just read the parameters given by ambikaji. And if she is not living together then she can’t claim maintenance.
And just read these judgments posted by me; after reading this you and your advocate get an idea what should do in this matter.
http://www.lawyersclubindia.com/forum/Woman-not-lawfully-married-No-maintenance-25950.asp
http://www.lawyersclubindia.com/forum/SC-clarifies-live-in-relationship-26064.asp
In Savitaben Somabhat Bhatiya vs. State of Gujarat and others, AIR 2005 SC 1809, this Court held that however desirable it may be to take note of the plight of an unfortunate woman, who unwittingly enters into wedlock with a married man, there is no scope to include a woman not lawfully married within the expression of `wife'.
Domestic Violence act,2005
"aggrieved person" means any woman who is, or
has been, in a domestic relationship with the respondent
and who alleges to have been subjected to any act of
domestic violence by the respondent"
"domestic relationship" means a relationship
between two persons who live or have, at any point of
time, lived together in a shared household, when they are
related by consanguinity, marriage, or through a
relationship in the nature of marriage, adoption or are
family members living together as a joint family"
"shared household" means a household where the
person aggrieved lives or at any stage has lived in a
domestic relationship either singly or along with the
respondent and includes such a household whether
owned or tenanted either jointly by the aggrieved person
and the respondent, or owned or tenanted by either of
them in respect of which either the aggrieved person or
the respondent or both jointly or singly have any right,
title, interest or equity and includes such a household
which may belong to the joint family of which the
respondent is a member, irrespective of whether the
respondent or the aggrieved person has any right, title or
interest in the shared household."
Having noted the relevant provisions in The Protection of Women from Domestic Violence Act, 2005, we may point out that the expression `domestic relationship' includes not only the relationship of marriage but also a relationship `in the nature of marriage'. The question, therefore,arises as to what is the meaning of the expression `a relationship in the nature of marriage'. Unfortunately this expression has not been defined in the Act. Since there is no direct decision of this Court on the interpretation of this expression we think it necessary to interpret it because a large number of cases will be coming up before the Courts in our country on this point,and hence an authoritative decision is required.
It seems to us that in the aforesaid Act of 2005 Parliament has taken notice of a new social phenomenon which has emerged in our country known as live-in relationship. This new relationship is still rare in our country, and is sometimes found in big urban cities in India, but it is very common in North America and Europe.
In Taylor vs. Fields (1986) 224 Cal. Rpr. 186 the facts were that the plaintiff Taylor had a relationship with a married man Leo. After Leo died Taylor sued his widow alleging breach of an implied agreement to take care of Taylor financially and she claimed maintenance from the estate of Leo.The Court of Appeals in California held that the relationship alleged by Taylor was nothing more than that of a married man and his mistress. It was held that the alleged contract rested on meretricious consideration and hence was invalid and unenforceable. The Court of Appeals relied on the fact that Taylor did not live together with Leo but only occasionally spent weekends with him. There was no sign of a stable and significant cohabitation between the two.
Relationship in the nature of marriage' is akin to a common law marriage. Common law marriages require that although notbeing formally married :-
(a) The couple must hold themselves out to society as being
akin to spouses.
(b) They must be of legal age to marry.
(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.
(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a Significant period of time.
To get such benefit under Dv act the above conditions mentioned by us above must be satisfied. However, Indian society is changing, and this change has been reflected and recognized by Parliament by enacting The Protection of Women from Domestic Violence Act, 2005.
No doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 Act, but then it is not for this Court to legislate or amend the law. Parliament has used the expression `relationship in the nature of marriage' and not `live in relationship'.
Generally, Judge sees on the question whether the appellant and respondent had lived together for a reasonably long period of time in a relationship which was in the nature of marriage
Now, tell me what‘s your father intention? Does she send any notice to your father? Just ask and post in this thread.
Guest
(Expert) 24 May 2011
Dear Priya,
Your father and your family members need to maintain strong willpower if your father does not have any inclination towards her. You just need to see that no incriminating document or photographs would have been created by the woman in question to show nay type of relation with your father.
Another thing, your father and your family members may stop to receive any call from her any more whatsoever it may happen. For that purpose change all phone/mobile numbers, if any with family members.
priya
(Querist) 24 May 2011
when we didnt knew about it she was married once to smone else,then she got divorced probably with dad's help..he used to visit her in her mother's house,all her family is crap they were in on it..then when we started knowing about it, she started coming in our home and threatening mom and indirectly from dad she will let us know that she will takeover ..dad used to beat mom few times due to her pressure(only then he beated not again ever) ...when it became too much we filed the report...police said what if she filed a case against ur dad...so on advice of thana inspector we gave in writing we are settling it but later it can b opened,but she never settled ....on police reaching her house immediately her mother was on backfoot and said her to go away from her house and then she forced to rent a house and maintain her and visit her two times a day....infact now when she visits a doctor dad make her use our surname... actually main reason of not doing anything against her is FEAR..
how can she sue him for defamation , rape , or extortion when we filed a report against her... n when the police came to record all our Bayan in home.. mom her n dad said that they do not have illegitimate relation..
Guest
(Expert) 24 May 2011
Only your dad need to be firm in his decision to cut off relation with her by all means. She can't force her will. Otherwise the fear of the family will not vanish, as such type of cases are of very sensitive type.
Better ask your dad to lodge a complaint with the police, himself, instead the family members coming to her rescue every time. That may indicate that she is coercing your father against his will.
Kamal Grover
(Expert) 05 August 2011
Ask your father to talk to me. Only then i can guide him properly, coz any father can never disclose her illicit relations with any other woman. So better if your father can discuss only then a right solution could be come out else "Andhere me Teer Chalane ka koi fayda nahi". Plz dont mind but it is tru that kahin aag hoti hai tabhi dhuan uthta hai and in your case i think your father is also guilty, else he never get ready to pay.
Good luck.
adv.kamal.grover@gmail.com
